This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on January 15, 2002. The hearing officer determined that (1) the appellant (claimant) did not sustain a compensable repetitive trauma injury, with a date of injury of ____________; and (2) the claimant did not have disability. The claimant appeals the determinations on sufficiency grounds. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable repetitive trauma injury and did not have disability. Whether the claimant’s condition was the result of repetitious, physically traumatic activities that occurred over time and arose out of and in the course and scope of his employment was a question of fact for the hearing officer to resolve. See Texas Workers’ Compensation Commission Appeal No. 991722, decided September 24, 1999. There was conflicting evidence presented with regard to this issue. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). The hearing officer could disbelieve the claimant’s testimony and medical evidence, as she did, and give greater weight to the testimony of the carrier’s witnesses. The hearing officer’s injury determination is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have disability. Section 401.011(16).
The decision and order of the hearing officer are affirmed.
The true corporate name of the carrier is WAUSAU UNDERWRITERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
RICK KNIGHT
105 DECKER COURT, SUITE 600
IRVING, TEXAS 75062.
Edward Vilano – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge